Supreme Court of Colorado

in the Interest of B.D

December 14, 20202020 CO 87

Summary

The court held that a complicitor’s required dual mental state applies to the elements of the underlying offense but not to a sentence enhancer based on the nature of the offense. Because the at-risk-victim provision is a strict-liability sentence enhancer, B.D. did not need to know that an at-risk victim was present. The court therefore reversed the court of appeals and remanded for reinstatement of B.D.’s adjudication and sentence.